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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/18/2017 - FIRST READING OF ORDINANCE NO. 100, 2017, AMENDINGAgenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Jeff Mihelich, Deputy City Manager SUBJECT First Reading of Ordinance No. 100, 2017, Amending Portions of Chapter 17 of the Code of the City of Fort Collins Regulating Trespass and the Obstruction of a Highway or Passageway. EXECUTIVE SUMMARY The purpose of this item is to consider changes to Section 17-128 of the City Code regarding obstructing a highway or passageway, including adding restrictions around obstructing public fixtures. A minor change to Section 17-40(b) of the City Code (Trespass) is also included, which adds lying or “otherwise occupying” to the already prohibited list of climbing, sitting or standing on or in objects on public or private property not designed for such use, and adds planters to the list of examples of such objects. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Over the past several summers, Fort Collins has experienced an increase in disruptive behaviors around the city, causing numerous challenges and frustration among downtown visitors, business owners, and residents. Council has held several work sessions on this subject and past actions taken include partial funding of the Outreach Fort Collins Team, securing reserved jail space for municipal offenders sentenced to jail, passage of an Appropriate Use of Public Spaces Ordinance that focused on access to transit facilities and restrooms, and funding Police Services overtime to increase presence downtown. Past discussions at City Council meetings have included possible options to keep downtown welcoming and easily accessible to all residents and visitors by mitigating unwanted and disruptive behaviors. At the March 7, 2017 Council Meeting discussing the Appropriate Use of Public Space Ordinance, City Council modified the proposed ordinance to not include language related to restricting sitting and lying on sidewalks during certain hours of the day. Citing multiple public outreach meetings with both business and residents where staff had presented this idea and public comment that evening, Council instructed staff to instead pursue changes in the obstructing a passageway ordinance to narrowly expand the definition of obstruction to include blocking access to places people frequently are accessing. Staff presented a broad framework for this at the May 23 Work Session by indicating a plan to amend the ordinance by addressing access to “public facilities.” Council expressed general support for moving forward with this idea. In order to address Council’s direction and to positively affect pedestrian movement around town while mitigating disruptive behavior that is not conducive to a welcoming environment, staff is recommending the following changes to the Obstruction ordinance: 1. Add a provision prohibiting blocking passage to “public fixtures”, which include pedestrian crosswalk buttons, benches, and water fountains, among other things. Agenda Item 20 Item # 20 Page 2 2. Make minor adjustment in the existing trespass ordinance to make it illegal to lie on or otherwise occupy objects not designed for such use, where climbing, sitting and standing are currently the only explicit prohibitions, and adding planters to the existing list of examples of such objects. These changes are anticipated to keep access to public facilities open and allow for the intended use of that infrastructure. Additionally, the City’s investment in flowerbeds downtown would also be protected by the amendment to the Trespass ordinance. CITY FINANCIAL IMPACTS This item is not expected to incur costs beyond existing budgets PUBLIC OUTREACH Staff is relying on the public outreach which was conducted as a part of the Appropriate Use of Public Spaces Ordinance to inform recommendations and public insights on this ordinance. As a part of the Appropriate Use of Public Spaces process, staff conducted outreach sessions with the Downtown Business Association, the Downtown Development Authority, and the Chamber of Commerce’s Local Legislative Advisory Committee. In conjunction with business outreach, general citizen outreach was conducted at a coffee talk and a community meeting which were held on February 15 and February 22, respectively. ATTACHMENTS 1. Work Session Summary, May 23, 2017 (PDF) 2. Powerpoint presentation (PDF) ATTACHMENT 1 Amending the Obstruction and Trespass Ordinances July 18, 2017 ATTACHMENT 2 October 11th Work Session: • Discussed need for potential new ordinances March 7th Council Meeting: • Considered Appropriate Use of Public Spaces • Staff instructed to bring Obstruction changes back May 23rd Work Session: • Generally supportive of staff framework for modifications 2 Background Public Outreach As part of AUPS Ordinance – Staff conducted following outreach: • Community meeting • Coffee talk • Multiple outreach sessions to business/Chamber • Online questionnaire 3 Obstruction and Trespass Modifications 4 WHY • Needed to meet Council directive related to unwanted behaviors and to protect public infrastructure WHAT • Add restrictions for obstructing access to public fixtures (benches, water fountains, etc.) • Prohibit lying on or occupying flowerbeds and planters Items for Consideration Obstruction Ordinance • Add prohibition of blocking passage to “public fixtures” • Includes pedestrian crossing buttons, water fountains, and benches Trespass Ordinance • Minor amendment to make it illegal to lie on or otherwise occupy objects not designed for sitting or lying (e.g., flowerbeds, planters) • Currently only climbing, sitting, and standing are prohibited Staff recommends approval of both amendments 5 -1- ORDINANCE NO. 100, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING PORTIONS OF CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS REGULATING TRESPASS AND THE OBSTRUCTION OF A HIGHWAY OR PASSAGEWAY WHEREAS, pursuant to its constitutional home rule powers and Sections 31-15-401 and 31-15-702, Colorado Revised Statutes, the City has the power to regulate the conduct upon and the use of public sidewalk areas and highways; and WHEREAS, the City currently has a Code provision regulating obstruction of a highway and passageway; and WHEREAS, earlier this year, City Council asked staff to propose improvements to the obstruction ordinance in order to facilitate enforcement of such ordinance; and WHEREAS, City staff recommends modifying the existing provision to prohibit obstructing not only sidewalks and highways, but also obstructing access to public fixtures, such as benches, pedestrian signal buttons, trash cans, and water fountains; and WHEREAS, the current trespass ordinance regulates sitting or standing on public certain objects, such as sculptures or statues, but City Council believes lying on or otherwise occupying such objects should also be regulated; and WHEREAS, in recent years there has been an increase in complaints from businesses and individuals about persons obstructing walkways near businesses; and WHEREAS, persons obstructing walkways cause unreasonable harm and inconvenience to pedestrians and persons utilizing wheelchairs or with other mobility issues; and WHEREAS, the City Council finds that the City has a compelling interest in encouraging and preserving a vital, pedestrian-friendly City; and WHEREAS, the City Council finds that it is beneficial to encourage pedestrian-friendly and shared walkways; and WHEREAS, when persons misuse walkways it makes those facilities unavailable to others who want or need to use them; and WHEREAS, the City Council believes it is necessary to regulate the appropriate use of walkways and public fixtures under the circumstances set forth herein, for the preservation of the health, safety, and welfare of the City’s citizens and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 17-128 of the Code of the City of Fort Collins is hereby amended to read in its entirety as follows: Sec. 17-128. Obstructing a highway or passageway. (a) The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Subsection: Business hours shall mean the time the business is open, plus an hour before opening and an hour after closing. The hours may be posted on the business itself or on its website, or if the hour are not posted, between the hours of 8 a.m. and 6 p.m. Entrance shall mean the frame of any door for use by the public or by employees to access the building. Unreasonably inconvenient or hazardous shall mean potentially causing danger, trouble, difficulty, or frustration to the ordinary person. (ab) No person acting without legal privilege shall: (1) Obstruct a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, hallway or any other public place for the passage of persons, vehicles or conveyances to which the public or a substantial group of the public has access, or obstruct pedestrian access to fixtures intended for use by the public, including but not limited to, benches, pedestrian signal buttons, trash cans, and water fountains, whether the obstruction arises from that person’s acts alone or from that person’s acts and the acts of others; or (2) Disobey a reasonable request or order to move issued by one whom the person knows to be a peace officer, a firefighter, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by those gathered in dangerous proximity to a fire, riot or other hazard. (bc) For purposes of this Section, the term obstruct shall mean to render impassable or to render passage unreasonably inconvenient or hazardous. The term unreasonably inconvenient or hazardous as defined in Subsection (a) shall include, but not be limited to, sitting, kneeling, or lying within twenty (20) feet of the entrance to any business establishment during the business hours of that establishment, whether or not a particular person’s passageway has, in fact, been impeded. -3- (cd) The foregoing prohibitions against sitting, kneeling, or lying within twenty (20) feet of the entrance to a business establishment during business hours shall not apply to any person who is: (1) Who, aAs a result of a disability, utilizinges a wheelchair, walker or similar device to move about the public sidewalk; (2) Sitting or lying down due a medical emergency; (3) Participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted pursuant to a street use or other applicable permit; or (4) Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation.; (5) Sitting on a chair supplied by the City or the Downtown Development Authority for use in the occupied location; (6) Age 13 or under; (7) Operating a commercial establishment or vending cart, or carrying out other activities pursuant to a license, permit, or other authorization; or (8) An employee or agent of the City or Downtown Development Authority, acting within the scope of his or her employment. Section 3. That Section 17-40 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-40. Trespass; trespass on railroad property. … (b) No person shall climb, sit, lie, or stand upon, or otherwise occupy, any sculpture, statue, planter, or other object situated on public or private property, without the express consent of the owner thereof, unless such object is designed, intended and made available to the general public for such use. … -4- Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on this 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk